EEA SPONSOR | PROXY MARRIAGE | DIVORCE

[Angel99]

As she mentioned a lawyer advised them of proxy marriage to cement his stay. You should know the lawyer has a good reason to recommend that.

[Casa]

As she mentioned a lawyer advised them of proxy marriage to cement his stay. You should know the lawyer has a good reason to recommend that.

££

[Frontier Mole]

Advice from any source and particularly from a high percentage of the lower end immigration professionals is not always a reflection of the actual law. Just because an immigration lawyer has advised on a matter does not mean it is fully within the scope of the law.

The Marriage Act is very particular on how a customary marriage can be registered. You suggest basically family members can rock up and give an affidavit. My understanding is very different and the case law is with my understanding.

The towing and throwing on who’s right or wrong is pretty meaningless to the OP. She first has to get the information as to what the basis of his EU status is. If it is as a spouse then she will need to get hold of the marriage certificate that was submitted. Thereafter the certificate will need to be verified. There is a high possibility that is could be a forged document.

Let’s see what the OP comes back with.

[Angel99]

Advice from any source and particularly from a high percentage of the lower end immigration professionals is not always a reflection of the actual law. Just because an immigration lawyer has advised on a matter does not mean it is fully within the scope of the law.

The Marriage Act is very particular on how a customary marriage can be registered. You suggest basically family members can rock up and give an affidavit. My understanding is very different and the case law is with my understanding.

The towing and throwing on who’s right or wrong is pretty meaningless to the OP. She first has to get the information as to what the basis of his EU status is. If it is as a spouse then she will need to get hold of the marriage certificate that was submitted. Thereafter the certificate will need to be verified. There is a high possibility that is could be a forged document.

Let’s see what the OP comes back with.

Lets not debate about this but I am certain of what i posted.

If the OP story is true i doubt UK immigration will take bogus marriage certificate and grant EUSS. They surely check with foriegn embassies in UK about documents submitted.

[Frontier Mole]

They don’t check the documents unless they are some obvious issues. And the level of checking particularly with the volume of EUSs applications was pretty woeful.

[NeedHelpplease999]

I believe the terms for a divorce listed below relate to your husband referring to a five year wait.

Currently in the UK the grounds for divorce are: The parties have lived apart for two years (consent of the other party is required).
The parties have lived apart for five years (consent of the other party is not required).
Unreasonable behaviour - this may include violence, excessive drinking, neglect, etc.

i.e meaning you can't get divorced without his agreement unless you wait for five years after separating.

However, the five years isn't a requirement if you divorce him for 'unreasonable behaviour', which in your case would be his adultery.

As this is an immigration forum, I strongly advise you to contact your local Citizens Advice. This advice would be free.

On another matter, have you actually seen his student visa?

No, I have never seen his student visa. He also never graduated ; he says that it's because he ddnt pay the university fees.

[NeedHelpplease999]

The OP has selected the Moroccan flag as their country of nationality.

I was born in the Netherlands, I picked that flag simply to remain anonymous

[NeedHelpplease999]

I also suspect you are not officially married in the legal sense. Proxy marriages even in Nigeria are classed as customary and require a formal register wedding to formalise the marriage.

Taken from immigration case law -
Proxy marriages can only be accepted as valid in Nigerian law if conducted under customary law. Where legal requirements prescribe a marriage certificate to be presented, then only a certificate issued under the Marriage Act will be acceptable

I actually believe he is here as an unmarried partner under the EU regulations.

Yes I have contacted a lawyer, and shown him a pdf version and the first thing he said this looks dodgy. And that I should contact the registry in Nigeria to firstly see if its registered.

[NeedHelpplease999]

Given the circumstances I am disbelieving of most of the background in relation to the entire immigration journey of the Nigerian.
As you state - tier 4 / student visas are not gained through individual sponsorship. The ex partner may well have given him financial support to meet the fees of the course etc.
Based on previous experience and given the timelines outlined he was probably enrolled on a one year course, two years at best. This would have required a huge investment of at least £10k in fees alone plus money in the bank to cover expenses per year.
The usual scenario for this MO is that the female partner is usually an older woman, financially well off and flattered to gain a younger partner in her life. This may not have been the case but it so common.

He either failed the course, was excluded for non payment of fees or simply knew he was going to jump to another visa type.

No surprise there were 1000’s of non EU citizens that suddenly applied for family member status under EUSS. It was easy to do, was free and did not require marriage. I believe the OP was more than likely targeted and he knew what he was doing.

What we don’t know - date of the proxy marriage, date of EUSS application and under what EU status was he granted stay. Only once this information is know are we in any real position to advise the OP.

Everything was done in 2021

[NeedHelpplease999]

Advice from any source and particularly from a high percentage of the lower end immigration professionals is not always a reflection of the actual law. Just because an immigration lawyer has advised on a matter does not mean it is fully within the scope of the law.

The Marriage Act is very particular on how a customary marriage can be registered. You suggest basically family members can rock up and give an affidavit. My understanding is very different and the case law is with my understanding.

The towing and throwing on who’s right or wrong is pretty meaningless to the OP. She first has to get the information as to what the basis of his EU status is. If it is as a spouse then she will need to get hold of the marriage certificate that was submitted. Thereafter the certificate will need to be verified. There is a high possibility that is could be a forged document.

Let’s see what the OP comes back with.

Lets not debate about this but I am certain of what i posted.

If the OP story is true i doubt UK immigration will take bogus marriage certificate and grant EUSS. They surely check with foriegn embassies in UK about documents submitted.

Do they?
That means the marriage is definitely registered? Because my lawyer suspects it's not. Everything was done in 2021, however lawyer noticed that the certificate reads end of 2020 which means they back dated it when his stuff was expiring.

[Frontier Mole]

Please believe me that the very little checks were undertaken for EUSS cases, and those that were far from robust or rigorous. There were daily case clearance targets that caused perverse activity where rather than set the cases aside for additional investigation they were granted.
Tens of thousands of cases that in no way should have been granted slipped through the system. There was initially exceedingly poor management of the checks and balances which led to ridiculous claims being allowed. Once more experienced case workers & investigative staff were brought in during COVID this prevented many claims and toughened the process.

There has certainly been no Home Office checks of any rigour applied to the marriage certificate and based on the contention that it is back dated suggests is doctored, false or forged. Nigerian corruption even in Government is endemic.

One simple question - what date were you married? Were you aware of the date of the proxy marriage?

[NeedHelpplease999]

If someone can help me reach a certified Nigerian lawyer, too, that will be helpful.

[NeedHelpplease999]

Please believe me that the very little checks were undertaken for EUSS cases, and those that were far from robust or rigorous. There were daily case clearance targets that caused perverse activity where rather than set the cases aside for additional investigation they were granted.
Tens of thousands of cases that in no way should have been granted slipped through the system. There was initially exceedingly poor management of the checks and balances which led to ridiculous claims being allowed. Once more experienced case workers & investigative staff were brought in during COVID this prevented many claims and toughened the process.

There has certainly been no Home Office checks of any rigour applied to the marriage certificate and based on the contention that it is back dated suggests is doctored, false or forged. Nigerian corruption even in Government is endemic.

One simple question - what date were you married? Were you aware of the date of the proxy marriage?

On the documentation it says the marriage was 2020.
But his visa (according to him) was ending June 2021.
I met him in 2020 at work, but we were dating in 2021.

All the documentation was with him, he emailed me a pdf copy. But I never really scrutinised the documents as I was young, dumb and inlove. All his lawyers needed from me was my settlement status, which is settled, proof of address and copies of my ID and passport.
Everything was rushed as he decided to open up to me in May that he was risking deportation in June.

[Frontier Mole]

By definition the marriage certificate is false. How could it be anything else when the marriage date is backdated. I would be inclined to pass the information on to the Home Office stating you were not married on the date of the certificate and that will end his legal stay in the U.K. He has clearly submitted a false document and no matter what that will cancel his right to remain.

The issue going forward is how to validate the document to see if it has any meaningful value in law. If so how is it then nulled or divorce proceedings undertaken.

[NeedHelpplease999]

By definition the marriage certificate is false. How could it be anything else when the marriage date is backdated. I would be inclined to pass the information on to the Home Office stating you were not married on the date of the certificate and that will end his legal stay in the U.K. He has clearly submitted a false document and no matter what that will cancel his right to remain.

The issue going forward is how to validate the document to see if it has any meaningful value in law. If so how is it then nulled or divorce proceedings undertaken.

By definition the marriage certificate is false. How could it be anything else when the marriage date is backdated. I would be inclined to pass the information on to the Home Office stating you were not married on the date of the certificate and that will end his legal stay in the U.K. He has clearly submitted a false document and no matter what that will cancel his right to remain.

The issue going forward is how to validate the document to see if it has any meaningful value in law. If so how is it then nulled or divorce proceedings undertaken.

Yes, thats the issue, because my lawyer has said I need to contact Nigeria registery and find out if it is even registered, however they might ask for identification and my mom is very wary of me emailing any further documents to anyone.
Ive tried googling the resigstry which states Lagos Agege and ive been given a whatsapp number. They don't even have an email address. How on earth can I find out if the marriage is even registered.

If I tell the home office that I was not married on that date , would they still need a divorce certificate. How do I find out if I'm even married ?

[Angel99]

By definition the marriage certificate is false. How could it be anything else when the marriage date is backdated. I would be inclined to pass the information on to the Home Office stating you were not married on the date of the certificate and that will end his legal stay in the U.K. He has clearly submitted a false document and no matter what that will cancel his right to remain.

The issue going forward is how to validate the document to see if it has any meaningful value in law. If so how is it then nulled or divorce proceedings undertaken.

By definition the marriage certificate is false. How could it be anything else when the marriage date is backdated. I would be inclined to pass the information on to the Home Office stating you were not married on the date of the certificate and that will end his legal stay in the U.K. He has clearly submitted a false document and no matter what that will cancel his right to remain.

The issue going forward is how to validate the document to see if it has any meaningful value in law. If so how is it then nulled or divorce proceedings undertaken.

Yes, thats the issue, because my lawyer has said I need to contact Nigeria registery and find out if it is even registered, however they might ask for identification and my mom is very wary of me emailing any further documents to anyone.
Ive tried googling the resigstry which states Lagos Agege and ive been given a whatsapp number. They don't even have an email address. How on earth can I find out if the marriage is even registered.

If I tell the home office that I was not married on that date , would they still need a divorce certificate. How do I find out if I'm even married ?

If you want any of us to help you blank out any important info on your marriage cert and post it here. Then we can examine if its forged or he bribed someone at the registeries to make the certificate on a particular date.

You can also contact

https://ecitibiz.interior.gov.ng/marriage/registries

They have online chat and you can also email them or email the nigerian consulate and check your marriage certificate there. Both will surely request for a copy of what you have and also your identification. Your identity is needed to verify you are the right person to give such info. Emailing them is okay so far as its the right email.

After what you have is confirmed then you can contact a legal representative there to check for further details.

[THO]

Maybe I'm oversimplifying this, but surely just letting the HO know that you have separated, that you have found out he provided false documentation to obtain his spouse visa, and that he only met you as he was here on a false student visa, should be enough for the HO to take a deep dive into his case. Surely they have all the documents that you would need to ask Nigerian registry about, or would have a quicker access to them through govt to govt routes.

If they find out his documents are false, they will hopefully end his right to remain, and null and void the marriage. That would end the need for a divorce. Job done.

In any case, this kind of behaviour makes it harder for genuine people to get visas, and so should not go unpunished. As you have said, he is taking women for what he can get from them and he needs stopping before others get hurt.

I bet he never did an honest day's work either.